Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Shnier v. Begum, 2023 ONSC 5556
File Number: 328/22
Tenancy End Date
Jul 2022
Hearing Date
Sep 2023
Order Date
Oct 3, 2023
The Divisional Court dismissed the tenant's appeal of the LTB decision. The court found no errors in law in the LTB's interpretation of the lease renewal clause or in its procedural fairness. The LTB's decision to terminate the tenancy for the landlord's personal use was upheld.
The landlord served an N12 notice to evict the tenant for personal use. The tenant argued that he had the right to unilaterally renew the lease based on a renewal clause. The LTB ruled in favor of the landlord, terminating the tenancy. The tenant appealed to the Divisional Court, arguing errors in the LTB's interpretation of the lease and procedural fairness issues.
The landlord argued that the lease renewal clause was permissive, not mandatory, and that she had the right to terminate the tenancy for personal use.
The landlord served an N12 notice to evict the tenant for personal use on August 12, 2021.
The tenant claimed that the LTB erred in interpreting the lease renewal clause and denied procedural fairness in the review process.
The tenant argued that he had the right to unilaterally renew the lease based on the renewal clause in the lease agreement.
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